عنوان مقاله [English]
نویسنده [English]چکیده [English]
The period that the parties intentionally communicate with each other to
make a contract as a final draft or ignore it, is called pre-contractual period.
In this period, parties negotiate together on the terms of future contract and
use their most endeavors till to reach the final point i.e. making the contract.
It may be situations which one of the parties has been incurred some costs at
this period, while another party closes the negotiations unilaterally. The
principle of freedom of contract has the consequence of acceptance of precontractual
risks by the parties. However, sometimes damaged person may
find compensation right and the other party is obliged to compensate on the
basis of special reasons. Liability to compensate for such losses will be
called pre-contractual liability. Nowadays, pre-contractual liability has been
considered by legal system of some countries like France.